B-142848, JUN. 21, 1960

B-142848: Jun 21, 1960

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JR.: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 12. THE MATTER OF YOUR INDEBTEDNESS WAS REFERRED TO OUR OFFICE FOR COLLECTION ACTION BY THE DEPARTMENT OF THE ARMY. THE BASIS OF YOUR INDEBTEDNESS WAS EXPLAINED TO YOU IN OUR LETTER OF NOVEMBER 4. DESPITE THE FACT THAT THERE WAS NO AUTHORIZATION FOR YOU TO MESS SEPARATELY DURING SUCH PERIOD. THE RECORD INDICATES THAT YOU WERE AUTHORIZED SEPARATE RATIONS DURING A PERIOD OF TEMPORARY DUTY FROM MARCH 14. PAYMENTS FOR SEPARATE RATIONS SHOULD HAVE BEEN TERMINATED AFTER MAY 8. YOU STATE THAT YOU WOULD NOT HAVE BEEN PAID SEPARATE RATIONS IF YOU DID NOT APPLY FOR AND RECEIVE THE NECESSARY AUTHORIZATION. YOU SUGGEST THAT AN ORDER AUTHORIZING YOU TO RATION SEPARATELY IS NOT WITH YOUR RECORDS BECAUSE IT HAS BEEN MISPLACED.

B-142848, JUN. 21, 1960

TO MR. GEORGE W. CARMAN, JR.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 12, 1960, CONCERNING YOUR INDEBTEDNESS OF $186.30 TO THE UNITED STATES, REPRESENTING OVERPAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE (SEPARATE RATIONS) RECEIVED BY YOU INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY.

THE MATTER OF YOUR INDEBTEDNESS WAS REFERRED TO OUR OFFICE FOR COLLECTION ACTION BY THE DEPARTMENT OF THE ARMY, AND AFTER CORRESPONDENCE WITH YOU, AND EXAMINATION OF THE RECORDS, THE BASIS OF YOUR INDEBTEDNESS WAS EXPLAINED TO YOU IN OUR LETTER OF NOVEMBER 4, 1959. AS THERE STATED, YOUR INDEBTEDNESS AROSE AS A RESULT OF YOUR BEING PAID A SEPARATE RATION ALLOWANCE DURING THE PERIOD MAY 9 TO OCTOBER 28, 1955, DESPITE THE FACT THAT THERE WAS NO AUTHORIZATION FOR YOU TO MESS SEPARATELY DURING SUCH PERIOD. THE RECORD INDICATES THAT YOU WERE AUTHORIZED SEPARATE RATIONS DURING A PERIOD OF TEMPORARY DUTY FROM MARCH 14, TO MAY 8, 1955, AT FORT SLOCUM, NEW YORK. YOU DEPARTED FORT SLOCUM ON MAY 9, 1955, AND ARRIVED AT YOUR PERMANENT STATION, FORT HOOD, TEXAS, ON MAY 18, 1955. PAYMENTS FOR SEPARATE RATIONS SHOULD HAVE BEEN TERMINATED AFTER MAY 8, 1955, BUT YOU CONTINUED RECEIVING SUCH PAYMENTS UNTIL OCTOBER 28, 1955, RESULTING IN AN INDEBTEDNESS OF $186.30. IN YOUR CURRENT LETTER, YOU STATE THAT YOU WOULD NOT HAVE BEEN PAID SEPARATE RATIONS IF YOU DID NOT APPLY FOR AND RECEIVE THE NECESSARY AUTHORIZATION, AND YOU SUGGEST THAT AN ORDER AUTHORIZING YOU TO RATION SEPARATELY IS NOT WITH YOUR RECORDS BECAUSE IT HAS BEEN MISPLACED.

WITH RESPECT TO YOUR CONTENTION THAT SPECIAL ORDERS MUST HAVE BEEN ISSUED AUTHORIZING SEPARATE RATIONS DURING THE PERIOD IN QUESTION, WE REQUESTED THE OFFICE OF THE ADJUTANT GENERAL, ST. LOUIS, MISSOURI, TO EXAMINE YOUR SERVICE RECORDS FOR ALL INFORMATION RELATIVE TO AUTHORIZATION FOR SEPARATE RATIONS DURING THE YEAR OF 1955. THEIR REPORT, DATED MARCH 22, 1960, ENCLOSING A COPY OF SPECIAL ORDERS NO. 23, HEADQUARTERS, ARMY INFORMATION SCHOOL, FORT SLOCUM, NEW YORK, DATED MARCH 21, 1955, (AUTHORIZING YOU TO RATION SEPARATELY EFFECTIVE MARCH 14, 1955, INCIDENT TO YOUR TEMPORARY DUTY AT FORT SLOCUM) INDICATES THAT NO OTHER ORDERS AUTHORIZING YOU TO RATION SEPARATELY WERE ISSUED EITHER AFTER YOUR DEPARTURE FROM THAT STATION OR UPON YOUR ARRIVAL AT FORT HOOD. THE RECORD FURTHER SHOWS THAT YOU WERE AUTHORIZED TO RATION SEPARATELY EFFECTIVE DECEMBER 10, 1955, WHEN PAYMENT WAS RESUMED AFTER HAVING BEEN DISCONTINUED ON OCTOBER 29, 1955. NO AUTHORIZATION FOR THE PERIOD MAY 9 TO OCTOBER 28, 1955 IS OF RECORD. IN THIS CONNECTION, IT IS NOTED THAT CREDIT FOR THE SEPARATE RATION ALLOWANCE FOR THE PERIOD APRIL 1 TO JUNE 30, 1955, WAS ACCOMPLISHED AT FORT HOOD BY BUT ONE ENTRY IN YOUR PAY RECORD. IT APPEARS PROBABLE THAT SUCH ENTRY WAS BASED ON THE AUTHORIZATION OF MARCH 21, 1955, WHICH COVERED ONLY DUTY AT FORT SLOCUM, AND THAT SUBSEQUENT ENTRIES COVERING THE PERIOD JULY 1 TO OCTOBER 28, 1955, WERE MADE ON THE SAME BASIS UNTIL IT WAS DISCOVERED THAT YOU HAD NOT BEEN AUTHORIZED TO MESS SEPARATELY AT FORT HOOD. THERE WOULD HAVE BEEN NO NEED TO AUTHORIZE YOU TO MESS SEPARATELY AT THAT PLACE EFFECTIVE DECEMBER 10, 1955, IF SUCH ACTION HAD BEEN TAKEN BEFORE THAT TIME.

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 37 U.S.C. 251, AUTHORIZES PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE OF ONE OF THREE TYPES, TYPE (2) OF WHICH IS "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' SECTION 3 (C) OF EXECUTIVE ORDER NO. 10119, MARCH 27, 1950, ISSUED UNDER AUTHORITY OF SECTION 301 STATES THAT THE TERM "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED" SHOULD BE CONSIDERED APPLICABLE IN THE CASE OF ENLISTED MEMBERS ON DUTY AT STATIONS WHERE A MESS FOR SUBSISTING ENLISTED MEMBERS IS AVAILABLE AND WHEN SUCH ENLISTED MEMBERS ARE AUTHORIZED TO SUBSIST THEMSELVES INDEPENDENTLY. SINCE THERE IS NO SHOWING THAT YOU WERE GRANTED AUTHORITY TO MESS SEPARATELY IN ACCORDANCE WITH THE ABOVE-CITED STATUTE AND REGULATIONS, FOR THE PERIOD MAY 9 TO OCTOBER 28, 1955, THE PAYMENTS MADE TO YOU FOR SEPARATE RATIONS DURING SUCH PERIOD WERE WITHOUT AUTHORITY OF LAW.

ACCORDINGLY, YOU ARE AGAIN REQUESTED TO REMIT THE SUM OF $186.30. YOUR CHECK OR MONEY ORDER SHOULD BE MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE," POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :